We hereby submit the following Terms and Conditions of Use and Privacy, which are applicable for the mere use or access to any of the pages that integrate the website www.paycash.com.mx (hereinafter, the "Portal"). Therefore, by accessing the Portal, you become a User and expressly and unconditionally accept all terms and conditions of use herein, releasing RED EFECTIVA, S.A. DE C.V. (hereinafter, "Red Efectiva") from any liability that may arise in this regard. Should you disagree with the Terms and Conditions of Use and Privacy, you must refrain from accessing or using the Portal.
The access or use of the Portal does not represent any right in favor of the User. Thus, the User, for no reason and at no time, is entitled to duplicate, download, publish, modify, alter or distribute the content of the Portal, but only to visit, view, and check the content of the Portal.
DEFINITIONS AND TERMS OF INTERPRETATION
The following definitions apply to these terms and conditions, privacy notice and legal notice and any other agreement(s) concluded between the User and the Company (as such term is defined below) for the use and enjoyment of the services provided by the Company through multiple technology applications, mentioned and described below:
"Agreements" refers jointly to these Terms and Conditions, as well as to the Privacy Notice, legal notice, and/or any other agreement concluded or to be concluded in the future by Red Efectiva in relation to the services offered through the Portal.
"Customer", "You", "User", and/or "Your" refer to you, the person who enters this Portal and/or any of the applications that are part of the Portal, and accepts these Terms and Conditions of Red Efectiva.
"Company"and "Red Efectiva" refer to Red Efectiva, S.A. de C.V., a corporation legally existing and duly incorporated under the laws of Mexico.
"Content" means all graphic and audiovisual content, such as videos, audios, images, animations, listings, and directories, developed by and/or for Red Efectiva (as the case may be) that the Company uses to provide the Services.
"Terms and Conditions" refers to the terms and conditions herein, as they may be amended from time to time within the time frame during which Red Efectiva offers its services through the Portal.
Any use of the terminology previously described in singular, plural, capital, and/or as he/she will be deemed interchangeable and consequently referring to the same issue.
1. ACCEPTANCE
1.1 The User declares that it has read and understands all terms and conditions, as well as the privacy notice of the Portal, and that all information provided herein is complete, correct, and accurate; also, that he/she must immediately report any change made to the information provided, which must be incorporated by the User under its own responsibility.
1.2 The Company may unilaterally modify the Agreement. The modifications will be binding as of their publication on the Portal or their notification to the User, whichever occurs first. Hence, it is the User's responsibility to periodically review the terms herein, in order to be informed of any modifications, additions, deletions, or changes. Any use of Portal or the services will be considered as an acceptance of the modified agreement.
1.3 The Company is not a financial institution nor does it provide banking or currency exchange services to Users.
1.4 All transactions are denominated in "Mexican Pesos", and it is understood that all references to amounts of money in the System are expressed in that legal tender in the United Mexican States, unless expressly highlighted otherwise.
1.5 Notwithstanding the foregoing, if You act on behalf of another person (individual or legal), You agree, acknowledge, and warrant that: (i) You have sufficient legal status to bind such third person to the Terms and Conditions herein; (ii) You have read and fully understand this Agreement, and (iii) You accept this Agreement on behalf of the person You represent. Should you have no sufficient legal status to bind such third party to the Terms and Conditions herein, you must not use the Services offered by the Company.
2. PAYMENT INSTRUCTIONS
2.1 The User is responsible to comply with the established payments and the possible related consequences. The Company is not responsible for the obligation that gave rise to the payment instruction and issuance of references, nor is it accountable for the delivery and/or provision, in due time and form, of the goods and/or services claimed through PAYCASH payment references.
3. EXCLUSION AND LIMITATIONS OF LIABILITY
3.1 The use of the Portal is made at all times under the sole responsibility and risk of the User. The User assumes and exempts the Company from any liability arising from fortuitous event or force majeure.
3.2 The Company will not be liable for any wrong payments made as a result of errors in the integration of data or references or any other relevant information about the payment transaction.
3.3 The Company's operations depend on the operational state of the banks and banking correspondents with which it operates, so any failure or suspension of their operations may totally or partially affect the Company's transactions.
3.4 If the User posts any information on the Portal, it warrants that it is the holder entitled to have such information, or that it has obtained from the holders all the authorizations necessary to publish such information under the conditions above-mentioned.
3.5 Either party may terminate the Contract and the obligations it entails at any time (except those with a mandatory term). The termination of the Contract implies that all payment instructions pending at that time will be void. Should the User continue to use the system codes after the Contract is terminated, it will be responsible for the extraordinary expenses involved.
3.6 The Company shall not be liable for any damages caused by or related to the use of the services on the Portal. This includes, but is not limited to, direct loss; loss of business or profits (whether such loss is foreseeable or not, even if you notify the Company of the possible loss); any damage caused to your computer, computer software, systems and programs, information, or any other direct or indirect damage.
3.7 The above exclusions and limitations apply only to the extent permitted by law. You hereby expressly acknowledge that none of your legal rights as a consumer have been or are affected.
4. MISUSE OF THE PORTAL
4.1 Any manipulation and/or publication of pages, code, and information from the Portal on the User's or a third party's webpages is strictly prohibited.
4.2 The User agrees NOT to use the system to accept payments for illegal products, services, or operations, including but not limited to, any product or service that infringes third parties' intellectual property laws. The User will not use the system or the Portal for any activity that may be considered fraudulent or illegal, including the sale of pornography or narcotics and drugs.
4.3 If the User uses the system for purposes other than payment or administration transactions, including but not limited to, manipulation of the system's security or operation, hacking, or access through unauthorized means, its PAYCASH account and references will be cancelled. The User will be held responsible for any damages caused by this behavior, and the Company may initiate any legal actions and claims it deems necessary.
4.5 Upon any sign of illegal or improper use of the system or the Portal, any direct, indirect, incidental, punitive or consequential damage, event, or situation, the Company may reject a payment instruction, block the User's access and use, and/or cancel its PAYCASH references, holding the User liable for the damages caused by this behavior and initiating the appropriate legal actions and claims.
4.6 The User is liable for all damages to the Company, businesses, and issuers as a result of improper use of the system.
5. ASSIGNABILITY
5.1 The User, businesses, and/or issuers may not assign the obligations related to the use of the Portal nor those under the Contract, and any attempt of assignment on its behalf will be deemed null and void and of no effect whatsoever.
6. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
6.1 All information and materials contained in this Portal including, but not limited to, logos, trademarks, trade notices, trade names, text, images, software, and other materials and information, belong to their respective holders, and are protected by Mexican law and international agreements.
6.2 The User is expressly prohibited from using the Portal or its content in any other way than in those under the aforementioned terms and conditions. Failure to comply with the above will result in civil and criminal liability in accordance with the legislation.
6.3 Any information related to the User and its file may be shared with third parties. However, the Users’ files are deemed confidential and therefore will not be disclosed to anyone other than our customer(s), licensee(s), supplier(s), related party(ies), and legally authorized authorities. Users have the right to request to see their files and all copies thereof held by Red Efectiva, provided that sufficient advance notice is delivered. Users must keep copies of all documents related to the provision of services. Where appropriate, Red Efectiva will send Users the appropriate written information or copies of the file as part of an accepted contract, for the benefit of both parties.
6.4 Red Efectiva does not sell, share or rent your personal data to third parties, except when You give us your express consent. We will use your e-mail address only to send you e-mails and information relevant to the services you have contracted with Red Efectiva, as well as related to other services offered by Red Efectiva or its business partners. The Company will only send e-mails concerning the delivery of agreed products and services.
6.5 Our Company will not be responsible for the information You select and decide to publish on our Portal, and You hereby agree to indemnify and hold our Company and its shareholders, directors, employees, suppliers, and customers harmless from and against any claims, damages, lawsuits, administrative proceedings, penalties and liabilities in general, resulting from or related to information or data You post or share on our Portal. We may share your information with business partners, licensees, suppliers, and other affiliates with your express consent.
7. JURISDICTION
7.1 The User declares that for the application, interpretation, execution, and fulfillment of the terms and conditions herein, they expressly submit to the jurisdiction of the Federal Courts based in the city of Monterrey, Nuevo León, waiving any other jurisdiction that may correspond to them due to their present or future domicile or for any other reason.
7.2 If any of these terms are considered invalid or unenforceable for any reason (including but not limited to the exclusions and limitations described above), then the invalid or unenforceable provisions will be severed from these terms and the remaining terms will continue to apply.
7.3 Should the Company fail to enforce any of the provisions outlined in the Terms and Conditions herein and in any Agreement or the absence of any exercise of any option of termination will not be construed as a waiver of such provisions and will not affect the validity of these Terms and Conditions or of any agreement or any part thereof, or the right thereafter to enforce any and all provisions.
8. FORCE MAJEURE
8.1 Neither Party will be liable to the other for breach of obligations under any Agreement due to an event beyond the Parties control, including but not limited to, acts of nature, terrorism, war, political insurgency, insurrection, riot, civil disturbances, civil or military acts, revolt, earthquake, flood or any other natural or man-made cause out of Red Efectiva’s control, which causes the termination of an agreement or contract, nor what could reasonably be anticipated. Either Party affected by such events must promptly give notice to the other Party and will use its best efforts to comply with the terms and conditions of any agreement contained herein.
9. COOKIES
9.1 Like most interactive websites, the Portal uses cookies to allow Red Efectiva to save the User’s data for each visit. Cookies are used in certain areas of the Portal to enable their functionality and facilitate their use by visitors. Some of our affiliates also use cookies.
10. LINKS10.1 To this website. You must not create a link to any page of this Website without Red Efectiva’s written consent. If you create a link to any page of this Portal, do so at your own risk. The exclusions and limitations set forth above will apply to your use of such a link.10.2 From this website. Red Efectiva does not monitor or review the content of third-party websites linked to its Portal. Opinions expressed or content posted on such websites are not necessarily shared or endorsed by Red Efectiva and should not be deemed as the author of such opinions or content. Please bear in mind that Red Efectiva is not responsible for such sites’ privacy practices or content. Red Efectiva advises Users to be cautious when exiting the Portal and to read the privacy notices of such sites. You should evaluate the level of security and reliability of any other website linked to or accessed through this Portal before disclosing personal data to them.Red Efectiva will not accept any liability for any loss or damage in any way, howsoever caused, resulting from the disclosure of your personal data to third parties.
11. NOTICE OF CHANGE11.1 The Company reserves the right to change these conditions, from time to time, as deemed necessary, and your continued use of the Portal will imply your acceptance of any modifications to the terms herein. If there are any changes to the privacy policy, Red Efectiva will notify you through the Portal. If there is any change regarding the use of the User's personal data, you will be notified in the same manner through the Portal. Any changes to our privacy policy will be posted on our Portal 15 (fifteen) days before these changes are implemented. Therefore, we recommend that you revisit this statement regularly.